their unsettled and distressed Situation, may for the present hinder them from bringing forward their Petitions and their Claims; Your Majesty will readily perceive that a Government similar or Superior, to that under which they were born, had lived, and were happy, must be considered by those Your Majesty's unfortunate Subjects as an Affectionate proof of Your Majesty's Paternal Care and Regard for them; and the first Comfort which Your Majesty in releif to their Distresses can now grant: And the more so, as it will be a Blessing not merely granted to them, but extended to their Children and Posterity. YOUR PETITIONERS 'fully persuaded that the Welfare and Happiness of Your Majesty's Subjects, are objects of Your Majesty's serious and benign Consideration-beg leave to lay their Petition at the foot of the Throne and ardently to request Your Majesty's Interposition for the Repeal of the Quebec Bill; allowing such Priviledges as are already granted to the Roman Catholick Religion; as being inadequate to the Government of this extensive Province; the Cause of much Confusion in our Laws, and fraught with trouble and uneasiness to Your Majesty's loyal Subjects here. And that Your Majesty will be pleased to Concur in establishing your affectionate Subjects of this Province, in the full Enjoyment, of their civil Rights as British Subjects; and in granting them a Free, Elective House of Assembly. In these hopes they humbly presume to Suggest, that Clauses of the following Import, may be inserted in the Act of Parliament, which shall be made to Confirm a free Constitution to this Country.

1st. THAT the House of Representatives or Assembly,-be chosen by the Parishes, Towns and Districts of the Province, to be Composed of Your Majesty's Old and New Subjects, in such manner as to Your Majesty's Wisdom may seem most proper, that the Assembly be triennial, and the Members elected every three Years.

2d. THAT the Council consist of not less than Thirty Members and in case of Division on any measure before them, that no Act shall be passed, unless at least Twelve Members agree to carry the Vote. That the appointment of the Members, may be during their residence in the Province. and for Life; yet subject to temporary leave of Absence, as mentioned in the 11th Article; And that they serve as Councellors, without Fee or Reward.

3d. THAT the Criminal Laws of England be continued, as at present established by the Quebec Act.

4th. THAT the ancient Laws and Customs of this Country, respecting landed Estates, Marriage Settlements, Inheritances and Dowers, be continued; yet subject to be altered by the Legislature of Quebec; And that Owners may alienate by Will, as provided by the 10th Section of the Quebec Bill.

5th. THAT the Commercial Laws of England, be declared to be the Laws of this Province, in all Matters of Trade and Commerce, subject to be Changed by the Legislature of Quebec, as in the preceeding Article.

6th. THAT the Habeas Corpus Act, the 31st Charles 2d be made part of the Constitution of this Country.

7th. THAT Optional Juries be granted, on all Trials in Courts of Original Jurisdiction. That they be regularly Baloted for, and a Pannel formed as in England; either in the Case of an ordinary or a Special Jury, at the option of the Party applying for the same, And that Nine Members out of the Twelve, may in Civil Causes, be sufficient to Return Verdicts, subject to be Modified by the Legislature of Quebec, as in the 4th Article.

8th. THAT the Sheriffs be elected by the House of Assembly, and approved and Commissioned by the Governor, at the Annual Meeting of the Legislature. That they hold their Appointment during the period elected for, and their good Behaviour; and that they find reasonable Security, for a faithful discharge of their Duty.

9th. THAT no Officer of the Civil Government, Judge or Minister of Justice, be suspended by the Governor or Commander in Chief for the time; from the Honours, Duties, Salaries or Emoluments, of his Appointment; but with the advice and Consent of Your Majesty's Council, for the

Affaires of the Province; which Suspension shall not Continue, after the Annual Sitting of the Council; unless it be approved by the same. The cause of Complaint if approved, to be thereafter reported to Your Majesty, for Hearing and Judgement thereon.

10th. THAT no New Office be Created, by the Governor or Commander in Chief for the time; but with the Advice and Consent of Your Majesty's said Council and be approved at their Annual Meeting, as in the preceeding Article.

11th. THAT all Offices of Trust be executed, by the Principal in the Appointment; unless by leave of Absence from the Governor, with advice and Consent of his Council; which leave of Absence, shall not extend to more than Twelve Months, or be renewed by the Governor, but with the Approbation of the Council, at the Annual Session.

12th. THAT Judges be appointed to preside in the Courts of the Province; to hold their places during Life, or their good Behaviour, and that they be rewarded with Sufficient Salaries, so as to confine them to the functions of administering Justice, That every Cause of Accusation for a Removal, proceeding from the Governor, shall follow the Rule laid down in the 9th Article. And every Cause of Accusation for a Removal on the part of the Public, shall proceed from the House of Assembly, and be heard by the Council; which, if well founded, shall operate a Suspension; and in either Case, be decided in Appeal and Report to Your Majesty.

13th. THAT Appeals from the Courts of Justice in this Province to the Crown, be made to a Board of Council, or Court of Appeals, composed of the Right Honble The Lord Chancellor and the Judges of the Courts of Westminster Hall.

14. YOUR PETITIONERS beg leave, humbly to Represent to Your Majesty; that from their Proximity to the United States, who from Situation and Climate, have many advantages over them, the Internal Regulations for promoting the Trade, Agriculture and Commerce, of this Province; are now become more intricate and difficulty; and will require great Care and Attention, on the part of the Legislature here; to watch over the Interests of this Country. They therefore request, that the Assembly may have the Power, of laying the Taxes and Duties, necessary for defraying the Expences of the Civil Government of the Province. And for that purpose, that the Laws now existing, laying Taxes and Duties to be levied in the Province, may be repealed.

SUCH MAY IT PLEASE YOUR MAJESTY are the Intreaties and Prayers of Your loyal Subjects; and in full Confidence they trust, that Your Majesty will releive them from the Anarchy and Confusion, which at present prevail, in the Laws and Courts of Justice of the Province, by which, their Real Property is rendered insecure, Trade is clogged, and that good Faith, which ought, and would subsist among the People, and which is the Life and Support of Commerce, is totally destroyed. And be Gra ciously pleased to Secure to them, a Constitution and Government, on such fixed, and liberal Principles, as may promote the desire Your Affectionate Subjects of this Province have, of rendering this Mutilated Colony, a bright Gem in the Imperial Crown of Great Britain. And that may call on the present Generation, for their unceasing Acknowledgements and Gratitude. And upon the future, to feel as the present, that the Security and Happiness of the People and Province of Quebec; depend on an Union with, and Submission to, the Crown and Government of Great Britain.

In these pleasing hopes Your Petitioners as in Duty bound will ever pray, &c. &c. &c. Quebec, 24th November, 1784.

(Signed by five hundred and one names.)

XXXIX

PLAN FOR A HOUSE OF ASSEMBLY'

[Trans. Shortt and Doughty.]

We conceive that the House of Assembly ought for the present, to consist of a Number not exceeding 70 Representatives, who ought all to profess the Christian Religion, And Speak and write the English or french languages.

That, to procure that Number, the City of Quebec (being the Capital) and Parish, and the City of Montreal and Parish, between them, elect 13, Members. The city of three Rivers 2, Members. And as there are in the province 120 parishes, that they be divided into counties and districts according to the Number of Inhabitants, in such manner as each County or district may elect two or four Members.

That the Legislature have the power, on application to them, to erect such parishes as may in future be settled, into Counties or districts, to elect and Send Members to the Assembly, as the province increases in population.

That the qualification necessary to have a Vote at the Election of the representatives for the Cities shall be, a House, Shed or lot of Ground of the Value of forty Pounds Sterling; And, for the Counties or districts, a real Estate, Estate of Inheritance or Terre en roture, of at least, one and a half Acres in front by 20 Acres in Depth, or other Estate of higher denomination, And of which the Voter shall have the absolute property, lying within the district or County, or City and parish he votes for.

That the qualification necessary for a person offering himself_to_serve as a representative shall be a real Estate of Inheritance or descent in Lands or Houses of the Value of thirty Pounds Sterling yearly Rent.

That every person shall prove by Oath, (under the pains and penalties of perjury) his qualification to either Vote or represent, being of the age of twenty one years, And be absolute proprietor of the qualification. That none but Males shall either Vote or represent.

That the Assembly have free liberty of debate, And the power of chusing a speaker.

That all laws relating to taxation or raising monies on the Subject, originate in the House of Assembly.

That the Assembly have the sole right to try and decide in all contested Elections.

That all affairs be carryed in the Assembly by a Majority of Votes. That at every Meeting of the Assembly, the Speaker, And, at least one half of the representatives be necessary to form a house.

That the Governor or Lieutenant Governor for the time being, shall be obliged to call together the representatives in assembly, once every year, between the first of January and the first of May of every year, And, at any other time the Urgency of Affairs may require.

Endorsed: Plan for a House of Assembly drawn up by the Committee's of Quebec and Montreal, in November 1784.

In Mr. Lymburner's, 24th July, 1789.

1 Adam Lymburner, who represented in London those who signed the petition of Nov. 24. 1784 (No. XXXVIII), informed Grenville by letter on July 24, 1789, that a Committee of the memorialists had drawn up a plan for a House of Assembly, which he enclosed and possibly endorsed, as follows:

"When this plan was made out in the fall of 1784, the loyalists had not begun their new Settlements. As these new Settlements have been divided, and erected into five new districts, it may be proper that each district send a certain number of Repre And that the two districts of Quebec and Montreal, containing the old settled part of the Country, be divided into a certain number of districts (for the purpose of electing Representatives only) to choose Members for the House of Assembly."

sentatives.

XL

OBJECTIONS TO THE REQUESTS MADE TO OUR AUGUST SOVEREIGN, DECEMBER, 17841

[Trans. Shortt and Doughty.]

In the Address read at an Assembly held at the house of the R.R.P.P. Recolets, the 30th of November, 1784.

That, considering the burden of Great Britain, a House of Assembly should be granted us, to impose Taxes, &c.

That we ought certainly to view with sorrow the burden of our Mother Country; but alas! it can only be a fruitless sorrow, for what remedy can we offer? We, whose wants increase day by day; we, who, every year despoil ourselves of our last farthing to pay for the supplies, which this Mother Country is compelled to furnish us, and which are already exhausted; we, who in spite of the enormous sums, which in consequence of the war have been left in this country, are still in arrears with the parent state, for the balance of a considerable sum. What then are the resources on which taxes could be levied? Is it on the Towns? Who does not know the poverty of their Citizens. Is it on the Lands? Who does not know that the rural districts are in debt to the Towns, and have at present nothing with which to liquidate; that misery is the lot of a very large portion of their Inhabitants? What will be the result then, if a portion of their labours must be applied to the support of the State?

This representation, which is true in every point, ought to be convincing evidence that a House of Assembly for the imposition of Taxes is not only useless, but would be prejudicial to the interests of this Colony.

That the Chamber be indifferently composed of the ancient and new Subjects, &c.

This article requires more explanation: for, from this word indifferently there might be as many and even more ancient than new Subjects in the House, which would be contrary to natural right, as there are twenty Canadians to one ancient Subject. What would become of our rights if they were entrusted to Strangers to our Laws.

That the Council be composed of thirty members without salaries, &c. This might be satisfactory if there were enough disinterested rich men to take the part of the people, the honest poor man being unable to give his time for nothing.

That the Criminal Laws of England be continued here.

That the leniency of these laws would make their continuation desirable; but the demand is unnecessary, since they are in force.

That the Laws, Usages and Customs of this Country be continued; subject nevertheless, to those changes that the Legislation may find necessary, &c.

This article is contradictory; in that it affirms our Rights, and completely destroys them. For as a matter of fact, is it not destroying them to subject them to any alterations which the Legislation may find it necessary to make? Would they not become arbitrary? What statutes could be based on Rights as changeable as the House to which they will be sub mitted?

That the Commercial Laws of England be declared those of this Province, subject to the same alterations as in Article IV, &c.

That the reply to article IV will serve for this article.

That the Act of Habeas Corpus shall be in force, &c.

That our August Sovereign having granted it to us, it is unnecessary to trouble him further concerning it.

1 This is a translation of a reply drawn up on behalf of the French-Canadians to the petition of 24 Nov., 1784 (No. XXXVIII). Although printed in December, 1784, it was not sent officially to England till January, 1789, when Dorchester forwarded it in a despatch to Sydney.

That in the Courts of Jurisdiction, Juries may be granted at the request of the Parties concerned.

That this article is entirely in favour of the Rich against the Poor. If they are the ordinary Juries; Ye poor men, what will become of your families, when you are forced to leave your work, for a part of the year, to go and decide causes which in no way concern you? You already complain at being compelled to interrupt your work when you are summoned for Criminal Affairs, which occurs six times in the year. What would be the result if you were obliged to take part in every sitting? Some one perhaps will say that this is done in London, and it can therefore be done in this country. But let such a one compare the number of citizens in London, amounting to about three hundred thousand men, with twelve hundred which, at the most is all that you are in this town and its suburbs. He will then see that you would be obliged to be present at the sittings. two hundred and fifty times for every time that a citizen of London need appear. Judge from this if you have any other trade to carry on, what would become of your families.

If the Juries are special ones (and in consequence remunerated) what poor man is there who could contend against a rich oppressor who has unjustly seized his property; and who, to crush him, may demand a Jury (which could not be refused him) would not this force the poor man to the alternative of giving up his cause, or or being totally ruined if he loses. Complaints are now being made of the expense which Justice entails. Who will be able to afford it, when the payment of twelve Jurors is to be added? Would not this close the door of the Sanctuary of Justice to the poor.

That the Sheriffs shall be elected by the House, approved and commissioned by the Governor, &c.

That if the Sheriff nominated by the House does not please the Governor, what will become of the administration of the Laws of Justice? Will not a time of anarchy in consequence ensue, prejudicial to the public interests.

That no civil Officer shall be suspended from his office by the Governor without the consent of the Council, &c.

That no new civil Office shall be created by the Governor without the consent of the Council, &c.

That all positions of trust shall be filled by the Persons themselves, &c. That the three preceding articles would be admissible, time and place considered.

That Judges shall be appointed for the Courts of the Province, and that they shall have fixed and sufficient stipends.

That it is right to have Judges to administer Justice, and that they ought to have stipends sufficient to live suitably to their station. For, without that, they will either neglect the duties of their office, to occupy themselves with the care of their own interests, or they will put Justice up to auction.

That appeals from the Courts of Justice of this Province be made to the Lord Chancellor, at the Court of Westminster Hall.

But

That up to the present time we have made appeals to the King and his Council, who have taken our Laws as the guide of their decisions. what will become of our Rights when brought before a Court which will deviate in nothing from the British Laws & Constitution? And further if the Council of the Province changes your laws, and replaces them by the laws of England, in what confusion and difficulty shall we not be placed? If, on the contrary, they are allowed to remain in force what means of Appeal shall we have in a Court which entirely ignores them.

That it may Please His Majesty in the interests of Commerce, and for the encouragement of Agriculture to invest the House of Assembly with power to impose Taxes, &c.

That this article duly considered would give rise to many reflections. For what community is there between our requirements & the proximity, the climate, and the situation of the United States which give them the advantage in Trade over us? Would the imposition of Taxes add three

L